(iii)

(iv)

(b)

(i)

(ii)

a reading, recital, or delivery of any item of news and information; or

(iii)

a performance of a sporting activity; or

(iv)

participation in a performance as a member of an audience.

Clause 2foreign work: amended, on 1 January 2017, by clause 4 of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).

3 Meaning of first published

For the purposes of this order, publication in one country shall not be regarded as other than the first publication by reason of simultaneous publication elsewhere; and for this purpose publication elsewhere within the previous 30 days shall be treated as simultaneous.

Copyright in foreign works other than sound recordings and communication works

Heading: amended, on 1 January 2017, by clause 5 of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).

(iii)

5 Foreign works to which section 18(2) of Act applies

(a)

the term work means a foreign work to which clause 4 does not apply and that is of one of the following descriptions:

(i)

a literary, dramatic, musical, or artistic work:

(ii)

a film:

(iii)

a typographical arrangement of a published edition:

(b)

the term prescribed foreign country, in relation to a work to which paragraph (a) applies, means a country specified in Schedule 1.

6 Application of Act to foreign works to which section 18(2) of Act applies

Where, in accordance with clause 5, a foreign work qualifies for copyright under section 18(2) of the Act, the provisions of the Act apply to that work, except that the provisions of Part 9 of the Act do not apply.

7 Foreign works to which section 19(1)﻿(b) of Act applies

(a)

the term work means a foreign work of one of the following descriptions:

(i)

a literary, dramatic, musical, or artistic work:

(ii)

a film:

(iii)

a typographical arrangement of a published edition:

(b)

the term prescribed foreign country, in relation to a work to which paragraph (a) applies, means a country specified in Schedule 1.

8 Application of Act to foreign works to which section 19(1)﻿(b) of Act applies

Where, in accordance with clause 7, a foreign work qualifies for copyright under section 19(1)﻿(b) of the Act, the provisions of the Act apply to that work, except that the provisions of Part 9 of the Act do not apply.

Copyright in foreign works that are sound recordings

9 Application of Act to sound recordings

(a)

(b)

the term prescribed foreign country, in relation to a foreign work that is a sound recording, means a country specified in Schedule 1.

(2)

Where, in accordance with subclause (1), a foreign work that is a sound recording qualifies for copyright under section 18(2) or section 19(1)﻿(b) of the Act, the provisions of the Act apply to that work, except that—

(i)

(ii)

(b)

Clause 9(2)﻿(a): amended, on 1 January 2017, by clause 6 of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).

Copyright in foreign works that are communication works

Heading: replaced, on 1 January 2017, by clause 7 of the Copyright (Application to Other Countries) Amendment Order 2016 (LI 2016/260).

10 Application of Act to communication works

(1)

In—

(a)

section 18(2) of the Act, the term work includes a foreign work that is a communication work made on or after 1 January 1995:

(b)

sections 18(2) and 20(b) of the Act, the term prescribed foreign country, in relation to a foreign work that is a communication work made on or after 1 January 1995, means a country specified in Schedule 2.

(2)

Where, in accordance with subclause (1), a foreign work that is a communication work made on or after 1 January 1995 qualifies for copyright under section 18(2) or 20(b) of the Act, the provisions of the Act apply to that work, except that,—

(a)

for the purposes of section 24(2) of the Act, there is no copyright in a repeated communication work made on or after 1 January 1995 where the initial communication work was made before that date:

(c)

Where, in any case to which subclause (1) applies, a person incurred any expenditure or liability relating to an act that, at the time the act was done, was not an act restricted by copyright in the work, the person does not do an act restricted by copyright by doing, or continuing to do, that act in respect of the work when copyright exists in the work.

(3)

Notwithstanding subclause (2), an act that under that subclause is not an act restricted by copyright when copyright exists in the work may become an act restricted by copyright if the owner of the copyright or his or her exclusive licensee (if any) pays the person such compensation for the person’s expenditure or liability as may be agreed upon or, in default of agreement, as shall be determined by arbitration in accordance with the provisions of the Arbitration Act 1908.

Transitional provision

12 Application of provisions of Act to foreign works in which copyright existed at commencement

Notwithstanding anything in this order, the provisions of the Act—

(a)

apply to any foreign work in which copyright existed immediately before the commencement of the Act; and

(b)

are deemed to be satisfied, so far as they relate to qualification for copyright, by every foreign work in which copyright existed immediately before the commencement of the Act.

Performers’ rights

13 Application of Part 9 of Act to specified countries

The provisions of Part 9 of the Act are hereby declared to apply in relation to—

(a)

any performance given in any of the countries specified in Schedule 3; and

(b)

any performance given in any country by a citizen or subject of or a person domiciled or resident in any of the countries specified in Schedule 3.

Schedule 1 Countries to which Copyright Act 1994 (except Part 9) applies, in respect of all works except communication works

Reprints notes

1 General

This is a reprint of the Copyright (Application to Other Countries) Order 1995 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.